You advise that holders of dormant bank deposits and inactive
accounts may not be complying with the provisions of article
3272b, V.T.C.S., which require that such funds be delivered to
the custody of the state treasurer. You believe the services of
a certified public accountant and an attorney with expertise in
the recovery of unclaimed property would be helpful to your
office, and wish to know if such personnel can be employed and,
if so, out of which fund their expenses and fees or salaries
should be paid.

The General Appropriations Act for the biennium ending August
31, 1983, appropriates money to the treasury department for
'escheat management.' Acts 1981, 67th Leg., ch. 875, art. I, at
3333, 3517. Among the funds supplying the money appropriated is
the Escheat Expense and Reimbursement Fund No. 152. Id. (method
of financing). That is a fund established by article 3272a,
V.T.C.S. A different fund styled the 'State Conservator Fund' is
established by article 3272b, V.T.C.S.

Both statutes are a part of Title 53 dealing with escheats.
Section 15(a) of article 3272a states:

There is hereby created a revolving fund to be known as the
'Escheat Expense and Reimbursement Fund' in the amount of One
Hundred Thousand Dollars ($1000,000) to be held by the State
Treasurer, . . . one half (1/2) of which shall be used by the
Treasurer and the Attorney General, . . . for the purpose of
enforcement of the provisions of this Title, including the
expense of publishing of notices, examinations, travel, court
costs, witness fees, employment of such additional assistants and
other personnel as may be necessary for such purposes in either
of their offices at salaries not to exceed the rate paid other
employees for similar services, and all other expenses necessary
for enforcement of this Title. (Emphasis added).

The fund established by article 3272a is earmarked 'for the
purpose of enforcement of the provisions of this Title.'
(Emphasis added).

The 'State Conservator Fund' of article 3272b, comprised of
escheated accounts and other property, is earmarked for the
'enforcement of the provisions of this Article.' As you noted
article 3272b ('this Article') addresses depositories--meaning
banking institutions and other organizations that receive and
hold deposits of money for others--and the disposition of dormant
or inactive accounts. See Attorney General Opinion
C-107 (1963).
Section 5 of article 3272b specifically establishes the 'State
Conservator Fund':

from which there shall be set aside and maintained a
revolving expense fund of Twenty-five Thousand Dollars ($25,000)
for the purpose of paying expenses incurred by the State
Treasurer in the enforcement of the provisions of this Article,
including the expense of publications, forms, notices,
examinations, travel, and employment of necessary personnel . .
.. The expense fund of Twenty-five Thousand Dollars ($25,000) is
hereby appropriated to the State Treasurer for the purposes above
stated for the biennium ending August 31, 1963.

You suggest that the legislature intended by the foregoing
provision to make available to your office the $25,000 revolving
expense fund in addition to any other funds appropriated for the
purpose of defraying escheat management expenses. The lack of an
express requirement that the article 3272b expense fund be
subject to recurring appropriations is contrasted with the
language of article 3272a establishing the Escheat Expense and
Reimbursement Fund (also a revolving fund) which expressly
states, 'The [funds] shall be subject to . . . appropriation by
the Legislature for the purpose of enforcing this Title.' Id. s
15.

The absence of express language authorizing or requiring a
legislative biennial appropriation does not make this fund
available to your office without appropriation. Article VIII,
section 6 of the Texas Constitution specifies:

No money shall be drawn from the Treasury but in pursuance of
specific appropriations made by law; nor shall any appropriation
of money be made for a longer term than two years. . . .

Moreover, by making an initial appropriation of the fund for the
biennium ending August 31, 1963, the 57th Legislature signified
that the fund was to be deposited in the treasury and
appropriated by the legislature as needed. The money in the fund
is earmarked for use by the treasurer as specified and cannot be
devoted to any other purpose, but it cannot be withdrawn from the
treasury for such use unless properly appropriated therefor. See
Johnson v. Ferguson, 55 S.W.2d 153 (Tex. Civ. App.--Austin, writ
dism'd). The initial appropriation served only for the 1962-1963
biennium. See Dallas County v. McCombs, 140 S.W.2d 1109 (Tex.
1940).

It follows that the money appropriated for eacheat management,
but not the unappropriated money in the article 3272b revolving
expense fund, is available to your office for the purpose of
paying the salary and expenses of persons to assist in the
investigation and recovery of unclaimed property. Your office
has ample authority to use the appropriated funds for that
purpose. Both articles 3272a and 3272b evidence the legislative
intent that the treasurer actively pursue enforcement of the
statutory provisions, employing personnel for that purpose and
paying their expenses. See Attorney General Opinion
C-388 (1965).